Information Clauses

INFORMATION CLAUSE

for persons conducting business activity and interested in cooperation, and for customers and their representatives, agents, proxies and employees

This information applies to personal data that DEC Pol and Tekpro sp. z o.o. (“Company”), with registered office in Mielec, processes as the personal data controller, the methods of use of the data, and also the rights of individuals related to the processing of personal data.

The recipients of this information are the individuals who are:

the Company’s customers, partners, or service recipients, including prospective ones;
associates, employees, statutory representatives, proxies or agents of such customers / prospects;
other persons whose data is processed for the purposes of performing contracts between customers and the Company, including for the purpose of issuing or settling invoices.

In this information clause, the Company, who is the personal data controller (“PDC”), informs specifically about the purpose and manner in which it collects, uses and stores your personal data as well as about the rights you are entitled to.

Contacting the PDC in matters related with personal data processing or with exercising the rights of the data subject is possible via e-mail:
lp.puorg-ced@odor and mail address: DEC Pol and Tekpro sp. z o.o., ul. Korczaka 37, 39-300 Mielec.

Types of personal data, source of data acquisition

In connection with cooperation (possible cooperation) between you and our Company, we may process personal data provided by you, such as:

a) names and surnames,

b) business address and the addresses for correspondence,

c) numbers held in relevant registers (e.g. TIN or REGON – National Business Registry No.),

d) PESEL (Personal Identity Number),

e) the position held by you in your organization,

f) specific identification numbers which are not commonly assigned numbers (e.g. professional identity card number),

g) bank account number,

whereas the scope of the processed data shall be from time to time determined by the purpose of

processing.

In the case of conclusion of a contract directly between you and our Company, providing the data is voluntary but necessary for the conclusion and the performance of the contract.

In the case where you are not concluding a contract directly with our Company, providing personal data may be your official duty. We may also acquire your personal data from entities where you are employed or which you represent. The scope of data processed will in such case include information necessary for performance of a contract between the Company and such an entity, e.g. information about termination of your employment with the entity, change of contact details, or change of official position.

Purposes, legal basis and data processing periods

Your personal data shall be processed by the PDC for the purposes specified below. With each purpose, we have provided the legal basis for processing and the processing period for this purpose.

PURPOSE: conclusion and performance of contract

LEGAL BASIS: Art. 6(1)(b) of GDPR

PROCESSING PERIOD: the period of performing obligations and the limitation period of claims resulting from provisions of law.

II.

PURPOSE: performance of contract between the Company and another entity – if you are a person indicated by the entity as a contact person or if you are a representative of such entity that is a legal person

LEGAL BASIS: Art. 6(1)(f) of GDPR – legitimate interest of the data controller which is the performance of a contract between the Company and another entity, protection of rights, pursuing claims

PROCESSING PERIOD: the period of performing obligations and the limitation period resulting from provisions of law, or until the date of considering an objection lodged pursuant to Art. 21 of GDPR.

III.

PURPOSE: performance of the obligation to draw up and store documentation

LEGAL BASIS: Art.6(1)(c) of GDPR

PROCESSING PERIOD: the period of storage of invoices, ledgers and documents confirming the conclusion and performance of a contract, resulting from provisions of law.

IV.

PURPOSE: confirmation of performance of obligations and pursuing claims or defense against claims

LEGAL BASIS: Art. 6(1)(f) of GDPR – legitimate interest of the data controller which is the protection of rights, confirmation of performance of obligations and receiving due remuneration on this account

PROCESSING PERIOD: the period of performance of obligations and the limitation period resulting from the provisions of law.

PURPOSE: marketing of own services

LEGAL BASIS: Art. 6(1)(f) of GDPR, i.e. legitimate interest of the data controller which is informing persons in current relations with the controller about the controller’s services;

Art. 6(1)(a) of GDPR – separate, voluntarily expressed consent – in the case of persons not remaining in the current relations with the controller.

PROCESSING PERIOD: until an objection lodged pursuant to Art. 21 of GDPR has been considered or withdrawal of consent.

Personal data recipients

Your personal data may be disclosed to our trusted business partners, i.e. entities with which we cooperate for the purposes referred to above, including specifically suppliers responsible for handling IT systems and equipment, entities providing accounting and human resources services, delivering mail and courier mail, marketing agencies, recruitment agencies, debt collecting and auditing companies, banks, payment operators and, moreover, authorities and third parties that will file a proper request pursuant to a relevant legal basis.

Data transfer

This is to inform that your personal data will be transferred to a third country, i.e. to Switzerlnd, on the basis of the Commission Decision (EU) 2000/518/EC of 26.07.2000, and the Commission Implementing Decision (EU) 2016/2295 of 16.12.2016 amending Decisions 2000/518/EC, 2002/2/EC, 2003/490/EC, 2003/821/EC, 2004/411/EC, 2008/393/EC, 2010/146/EU, 2010/625/EU, 2011/61/EU, and Implementing Decisions 2012/484/EU and 2013/65/EU on the adequate protection of personal data by some Member States, pursuant to Art. 25(6) of Directive 95/46/EC of the European Parliament and of the Council for the purposes related to performance of the binding contracts within the DEC group of companies. Personal data will not be transmitted to other third countries/international organizations.

Rights

In connection with the processing of your personal data, you have the following rights to:

access the data;
rectify the data;
erase the data;
limit the data processing;
transfer the data;
object (when the legitimate interest of the PDC is the basis for processing);
withdraw consent (when consent is the basis for processing).

Exercising these rights depends on the conditions set out in GDPR. In the case of refusal to take a request into account, you will receive an answer with justification of the refusal.

Please note that:

you are entitled to the right to erase the data and to the right to request limitation of its processing only in the cases listed in the provisions of GDPR;
the right to transfer data shall be granted only where consent or performance of contract is the legal basis for data processing;
withdrawal of consent for processing of data is permitted at any time, however, it shall not affect the legality of the processing done before the withdrawal;
lodging an objection to data processing shall be permitted at any time and it should contain justification;
the PDC may refuse to erase your data despite making such a request if one of the exceptions listed in GDPR occurs, e.g. when data processing is necessary for fulfilling a legal obligation or determining, pursuing or defense of claims;
in some cases the PDC may refuse to consider your objection to data processing on the basis of the controller’s legitimate interest when there are legally effective grounds for data processing which are superior to your interest, rights and freedoms, or if there are grounds for determining, pursuing or defense of claims.

In the case where personal data processing is deemed to be infringing the provisions of GDPR, the data subject may lodge a complaint with the supervisory authority, i.e. The President of the Personal Data Protection Office.

INFORMATION CLAUSE

for counterparties (suppliers and sub-suppliers), their representatives, agents, proxies and employees

This information applies to personal data that DEC Poland Tekpro sp. z o.o. (“Company”), with registered office in Mielec, processes as the personal data controller, the methods of use of the data, and also the rights of individuals related to the processing of personal data.

The recipients of this information are the individuals who are:

the Company’s suppliers, service providers, subcontractors, counterparties, including prospective ones;
associates, employees, statutory representatives, proxies or agents of such suppliers, service providers, subcontractors and counterparties;
other persons whose data is processed for the purposes of performing a contract between suppliers, service providers, subcontractors, counterparties and the Company, including for the purpose of issuing or settling invoices.

Contacting the PDC in matters related with personal data processing or with exercising the rights of the data subject is possible via e-mail:
lp.puorg-ced@odor and mail address: DEC Poland Tekpro sp. z o.o., ul. Korczaka 37, 39-300 Mielec.

Types of personal data, source of data acquisition

In connection with cooperation (possible cooperation) between you and our Company, we may process the personal data provided by you, such as:

a) names and surnames,

b) business address and the addresses for correspondence,

c) numbers held in the relevant registers (e.g. TIN or REGON – National Business Registry No.),

d) PESEL (Personal Identity Number),

e) the position held by you in your organization,

f) specific identification numbers which are not commonly assigned numbers (e.g. professional identity card number);

g) bank account number,

h) information about certificates and granted authorizations (documents confirming professional or specialist licenses )

whereas the scope of the processed data shall be from time to time determined by the purpose of

processing.

In the case of conclusion of a contract directly between you and our Company, providing the data is voluntary but necessary for the conclusion and the performance of the contract.

Purposes, legal basis and data processing periods

Your personal data shall be processed by the PDC for the purposes specified below. With each purpose, we have provided the legal basis for processing and the processing period for this purpose.

PURPOSE: conclusion and performance of contract

LEGAL BASIS: Art. 6(1)(b) of GDPR

PROCESSING PERIOD: the period of performing obligations and the limitation period of claims resulting from provisions of law.

II.

LEGAL BASIS: Art. 6(1)(f) of GDPR – legitimate interest of the data controller which is the performance of a contract between the Company and another entity, protection of rights, pursuing claims

PROCESSING PERIOD: the period of performing obligations and the limitation period resulting from provisions of law, or until the date of considering an objection lodged pursuant to Art. 21 of GDPR

III.

PURPOSE: performance of the obligation to draw up and store documentation

LEGAL BASIS: Art.6(1)(c) of GDPR

PROCESSING PERIOD: the period of storage of invoices, ledgers and documents confirming the conclusion and performance of a contract, resulting from provisions of law.

IV.

PURPOSE: confirmation of performance of obligations and pursuing claims or defense against claims

LEGAL BASIS: Art. 6(1)(f) of GDPR – legitimate interest of the data controller which is the protection of the rights, confirmation of performance of obligations and receiving due remuneration on this account

PROCESSING PERIOD: the period of performance of obligations and the limitation period resulting from the provisions of law.

PURPOSE: marketing of own services

LEGAL BASIS: Art. 6(1)(f) of GDPR, i.e. legitimate interest of the data controller which is informing persons in current relations with the controller about the controller’s services;

Art. 6(1)(a) of GDPR – separate, voluntarily expressed consent – in the case of persons not remaining in the current relations with the controller.

PROCESSING PERIOD: until an objection lodged pursuant to Art. 21 of GDPR has been considered or withdrawal of consent.

Personal data recipients

Your personal data may be disclosed to our trusted business partners, i.e. entities with which we cooperate for the purposed referred to above, including specifically suppliers responsible for handling IT systems and equipment, entities providing accounting and human resources services, delivering mail and courier mail, marketing agencies, recruitment agencies, debt collecting and auditing companies, banks, payment operators and, moreover, authorities and third parties that will file a proper request on the basis of relevant legal basis.

Data transfer

This is to inform that your personal data will be transferred to a third country, i.e. to Switzerland, on the basis of the Commission Decision (EU) 2000/518/EC of 26.07.2000, and the Commission Implementing Decision (EU) 2016/2295 of 16.12.2016 amending Decisions 2000/518/EC, 2002/2/EC, 2003/490/EC, 2003/821/EC, 2004/411/EC, 2008/393/EC, 2010/146/EU, 2010/625/EU, 2011/61/EU, and Implementing Decisions 2012/484/EU and 2013/65/EU on the adequate protection of personal data by some Member States, pursuant to Art. 25(6) of Directive 95/46/EC of the European Parliament and of the Council for the purposes related to performance of the binding contracts within the DEC group of companies, and on the basis of the provisions of law where it is necessary to transfer personal data in as-built documentation. Personal data will not be transmitted to other third countries/international organizations.

Rights

In connection with the processing of your personal data, you have the following

rights to:

access the data;
rectify the data;
erase the data;
limit the data processing;
transfer the data;
object (when the legitimate interest of the PDC is the basis for processing);
withdraw consent (when consent is the basis for processing).

Exercising these rights depends on the conditions set out in GDPR. In the case of refusal to take a request into account, you will receive an answer with justification of the refusal.

Please note that:

you are entitled to the right to erase the data and to the right to request limitation of its processing only in the cases listed in the provisions of GDPR;
the right to transfer data shall be granted only where consent or performance of contract is the legal basis for data processing;
withdrawal of consent for processing of data is permitted at any time, however, it shall not affect the legality of the processing done before the withdrawal;
lodging an objection to data processing shall be permitted at any time and it should contain justification;
the PDC may refuse to erase your data despite making such request if one of the exceptions listed in GDPR occurs, e.g. When data processing is necessary for fulfilling a legal obligation or determining, pursuing or defense of claims;
in some cases the PDC may refuse to consider your objection to data processing on the basis of the controller’s legitimate interest when there are legally effective grounds for data processing which are superior to your interest, rights and freedoms, or if there are grounds for determining, pursuing or defense of claims.

INFORMATION CLAUSE

concerning the processing of personal data contained in e-mail correspondence

This information applies to personal data which DEC Poland Tekpro sp. z o.o., with registered office in Mielec, processes as personal data controller (“PDC”) as defined in the Regulation of the European Parliament and of the Council (UE) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the repealing of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “GDPR”, in connection with electronic correspondence outgoing from and incoming to e-mail addresses belonging to DEC.

Data Controller

DEC Poland Tekpro spółka z ograniczoną odpowiedzialnością with registered office in Mielec, ul. Korczaka 37, 39- 300 Mielec, KRS: 0000275829, REGON (National Business Registry No.): 180203226, NIP (TIN): 8172041147, shall be the controller of the data of e-mail recipients and senders.

Contacting the PDC in matters related with personal data processing or with exercising the rights of the data subject is possible via e-mail:
lp.puorg-ced@odor and mail address: DEC Poland Tekpro sp. z o.o., ul. Korczaka 37, 39-300 Mielec.

Purposes and data processing periods

The controller processes contact details regarding senders and recipients of e-mail correspondence, contained in the correspondence, in order to:

§ enable e-mail contact with the controller (their employees and co-operators) and to make contact with recipients;

§ document arrangements with customers, counterparties and other persons;

§ accept orders, receive letters, notifications and applications in electronic form;

§ defend themselves against claims and pursue possible claims.

Correspondence shall be stored for 2 years unless the messages contain information relevant for pursuing claims or defense against. Then, selected messages will be stored until the expiry of the period of limitation in accordance with the Civil Code.

Legal basis for data processing

The legal bases the processing of the data contained in e-mail correspondence for the purposes listed above, are:

§ legitimate interest of the controller and of e-mail senders (Art. 6(1)(f) of GDPR) consisting in enabling electronic contact with the controller;

§ necessity for performance of a contract concluded with customers or counterparties (Art. 6(1)(b) of GDPR) – in respect of the correspondence for performance of the contract;

§ voluntarily expressed consent – if in correspondence there is data of special categories. If the sender has not included consent in their correspondence, they will be asked to grant it. No consent is equivalent to no possibility for the controller to process data of special categories.

§ voluntarily expressed consent by explicit confirming act – if a sender requests providing information concerning the controller’s brand, their products or services, sending the request shall indicate granting consent for sending to the sender by the controller commercial information to the provided e-mail address, to the extent necessary to give an answer (Art. 10 of the Act on Rendering Electronic Services);

§ legitimate interest of the controller consisting in pursuing claims or defense against claims, in accordance with the applicable provision of law (Art. 6(1)(f) of GDPR).

Personal data recipients

The controller may disclose the contents of correspondence only for the purpose of pursuing their claims and to entities co-operating with the controller in order to perform specific services to the benefit of the controller, in particular for e-mail handling, hosting, IT services, debt collection, consultancy and audit services, administrative services, and accountancy and tax services.

Rights of data subjects

Every data subject shall have the right to:

access the data;
rectify the data;
erase the data;
limit the data processing;
receive copies of the data;
transfer the data;

object (when the legitimate interest of the PDC is the basis for processing);

withdraw consent (when consent is the basis for processing) without giving any reason and without effect on the lawfulness of the processing which was done on the basis of the consent prior to its withdrawal.

Please note that:

you are entitled to the right to erase the data and to the right to request limitation of its processing only in the cases listed in the provisions of GDPR;
the right to transfer data shall be granted only where consent or performance of contract is the legal basis for data processing;
the controller may refuse to erase your data despite making such request if one of the exceptions listed in GDPR occurs, e.g. When data processing is necessary for fulfilling a legal obligation or determining, pursuing or defense of claims;
in some cases the controller may refuse to consider your objection to data processing on the basis of the controller’s legitimate interest when there are legally effective grounds for data processing which are superior to the interest, rights and freedoms of the data subject, or if there are grounds for determining, pursuing or defense of claims.

Since 25 May 2018, a data subject has the right to lodge a complaint with the competent supervisory authority, i.e. the President of the Personal Data Protection Office with seat in Warsaw, Poland.

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